California Court of Appeal

Defendant is entitled to credit against his state prison term for the actually served custody credits and conduct credits that accrued to him; trial court lacked authority to impose an $800 restitution fine per Penal Code section 1202.4 when it had already imposed a $600 fine at the time defendant was granted probation.

Appellate Information

• Decided 04/29/2004
• Published 04/29/2004

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Robert D. McGhie, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, for Plaintiff and Respondent.